Ch. 16

1996 LAWS OF MARYLAND

BY repealing and reenacting, with amendments,
Article - Education
Section 8-414

Annotated Code of Maryland
(1992 Replacement Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article -Education

8-414.

(a) (1) In this section the following words have the meanings indicated.

(2)     "Child" means an individual under the age of 21 who:

(i) Has been determined through appropriate procedures to be
[ handicapped] DISABLED and in need of special education; or

(ii) Is believed to be [handicapped] DISABLED and in need of special
education.

(3)     "Educational decision making process" means all procedures relating to
the identification, evaluation, or educational placement of a child and the provision of a
free appropriate public education, including the appeal procedures provided for by §
8-415 of this article.

(4)     "LOCAL SCHOOL SUPERINTENDENT" MEANS THE SCHOOL SYSTEM
SUPERINTENDENT OR ANY INDIVIDUAL IN CHARGE OF A SYSTEM OR PROGRAM
THAT PROVIDES EDUCATIONAL SERVICES TO CHILDREN.

[(4)](5) "Parent" means:

(i) A child's natural parents;

(ii) A guardian;

(iii) A person acting as a parent of a child such as a relative or a
stepparent with whom a child lives including those relatives or stepparents who are the
foster parents; or

(iv) Any other individual who is legally responsible for a child's
welfare.

Parent does not include a social worker or a foster parent, except as provided in
subparagraph (iii), unless appointed as a parent surrogate.

[ (5)] (6) "Parent surrogate" means a person who is appointed by the [ State
Superintendent] LOCAL SCHOOL SUPERINTENDENT to act in place of a parent of a
child in the educational decision making process.

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